Superannuation Schemes Report

Transcription

1 B30 Superannuation Schemes Report For the year ended 30 June 2012

2 Financial Markets Authority Superannuation Schemes Report 2012 Presented to the House of Representative pursuant to Section 28 of the Superannuation Schemes Act 1989 Financial Markets Authority Website: Auckland Office Level 5, Ernst & Young Building 2 Takutai Square, Britomart PO Box AUCKLAND 1143 Wellington Office Level 2 1 Grey Street PO Box 1179 WELLINGTON 6140 September

3 Contents Contents... 3 Introduction... 4 About FMA... 4 Review of Superannuation schemes for the year ended 30 June General overview... 5 Key activities during the year... 5 Legislation... 6 Exercise of discretionary power... 7 Communications... 8 Statistics... 9 Appendices

4 Introduction The Government Actuary was disestablished on 30 April 2011 and its functions, powers and responsibilities were incorporated within the Financial Markets Authority (FMA) on 1 May FMA is responsible for the administration, compliance monitoring and enforcement of the Superannuation Schemes Act 1989 (the Act). The Act places emphasis on the roles and responsibilities of trustees of superannuation schemes. It makes no distinction between schemes which are provided to the general public, set up by individuals for themselves, or sponsored by private or state sector employers. FMA actively engages with trustees of superannuation schemes to ensure compliance with the Act. If a situation or request comes to our attention, we may enquire whether a superannuation scheme is operating in accordance with the Act, under the powers specified in Part 3 of the Financial Markets Authority Act FMA s discretionary powers that may be exercised under the Act, are identified under Exercise of discretionary powers, on page 7. This report has been prepared in accordance with section 28 of the Act. It details the principal matters transacted under the Act for the year ended 30 June About FMA FMA was established on 1 May 2011 as an independent Crown entity, as part of the Financial Markets Authority Act 2011, in response to the need to address failures in the financial markets, made evident from the global financial crisis. The Government recognised that New Zealand required a single conduct regulator to proactively monitor and enforce securities legislation. FMA s role is to promote and facilitate the development of fair, efficient, and transparent financial markets. Our mandate is to strengthen the public s confidence in New Zealand financial markets, promote innovation and grow New Zealand s capital base. 4

5 Review of superannuation schemes for the year ended 30 June 2012 General Overview Most superannuation schemes are either employer sponsored or retail schemes with 238,203 and 195,857 members respectively, and assets of $ billion and $4.949 billion 1. The average amount of assets per member in employer sponsored schemes is $58,576, compared to $25,268 in retail schemes. It should be noted that these figures are based on returns for schemes with balance dates in 2011, and the majority having a balance date of 31 March These figures do not include the Government Superannuation Fund, which was closed on 30 June 1992, and which at 30 June 2011 had $3.159 billion in assets and 60,272 members, of whom 46,839 were receiving pensions or had deferred pension entitlements. Key activities during the year Key activities during the year have been: reviewing the activities of trustees and their advisers; discussing particular problems with trustees and their advisers; investigating complaints regarding alleged activities of trustees, promoters, and administration managers of registered superannuation schemes; and providing the market with assistance on issues as they arise. FMA has exercised its supervisory responsibilities under the Act by reviewing all trustees annual reports, actuarial reports, trust deeds and trust deed amendments forwarded to it, and taking action as appropriate. The level of examination has varied according to the activities of those involved and the nature of the potential issues. We have placed equal emphasis on the examination of financial matters and on the review of trust deeds and their amendments. 1 See Appendix 3. 5

6 Legislation Annual reports The Act requires trustees to provide scheme members with a copy of an annual report which contains the information required by the second schedule to the Act. The standard of these reports has, overall, been maintained at an acceptable level. Most reports contain all the information required by the Act. Where breaches of compliance are identified FMA will raise these with the trustees and depending on the nature of the breach, remedial action will be taken if necessary. Workplace Savings New Zealand continues to hold its annual Workplace Savings NZ Communication Awards to recognise excellence in communication in the workplace retirement savings industry and assist in raising the standard of all investor communication. FMA engages with trustees of registered superannuation schemes annually to remind them of their trustee annual reporting obligations. This has helped to ensure that reports are submitted on time so no further action need be taken. Trust deed certificates An important responsibility of trustees, solicitors and/or managers, is the requirement to provide certificates of compliance with the Act for every new trust deed and deed of amendment of a trust deed. On occasion, certificates are still received that have not been submitted in accordance with the Act. Actuarial reports The Act requires trustees of certain types of schemes, to obtain an actuarial report on the financial position of the scheme at least once every three years. The purpose of this is to provide trustees with an independent report on the schemes ability to pay the benefits promised by the trust deed. A copy of this report will be made available on request to scheme members, and a copy is also forwarded to FMA within 28 days of it being received by the trustees. Generally copies of the actuarial reports have been received within the timeframes specified in the Act. All reports received by FMA were reviewed. Where it was considered appropriate, questions were raised directly with the actuary who signed the report. Other All applications for registration of new schemes have been processed within the 14 days specified in the Act. All scheme terminations have been reviewed for compliance with the Act. Section 21 of the Act sets out the statutory responsibilities for trustees when a registered superannuation scheme is wound up. 6

7 There continues to be a relatively constant number of schemes in the process of being wound up (this year 36 compared to 44 in the previous year). The majority of trustees and their advisers have ensured that these schemes are meeting their obligations under the Act. We have continued to encourage trustees to transfer lost members and beneficiaries assets to the Crown, pursuant to section 77 of the Trustee Act No applications for reversion of superannuation scheme assets to employers who had sponsored those schemes were received. There have been no formal notices this year arising from Section 18A of the Act ("whistleblowing"). The fall in the number of private sector, employer sponsored superannuation schemes have continued this year. As in previous years, a number of these have not terminated, but have transferred into multi-employer arrangements, reducing administration and compliance costs. Others, however, have wound up and distributed assets to members. All complaints have been acknowledged, and inquiries initiated where appropriate, within a fortnight of receipt. Queries and complaints regarding the alleged activities of superannuation scheme promoters, trustees and/or managers continue to be made (in writing, by telephone, or in person) by scheme members and trustees. FMA s focus is to determine whether there has been a breach of either the trust deed governing the scheme or the Act. The fees charged by FMA are prescribed by the Superannuation Schemes (Fees) Regulations 1992, as amended, effective 1 January Exercise of discretionary power Although the Act provides FMA with various discretionary powers, our compliance philosophy focuses on education and engagement before enforcement. We use active and transparent surveillance and monitoring to clarify and reinforce participants responsibilities. We continuously engage with trustees to assist them in meeting their obligations. During the year, FMA approved three applications for bulk transfer of members under section 9BAA of the Act, compared to five applications the previous year. During 2012, the total assets approved for transfer were approximately $42 million with 4,297 members transferring. In 2011 it was $220.6 million, with 89,182 members transferring. In all cases FMA provided informal comment to the trustees and their advisers on the content of the member communication material. The trustees of each receiving scheme provided a certificate to state the transfer would meet the requirements prescribed. In each of the above cases, the relevant receiving scheme met the requirements to enable a transfer to take place using section 9BAA. For example, where the investment asset allocation for the 7

8 receiving scheme was marginally different, the members were offered the opportunity to choose a different investment fund from the one they were to be allocated to following the transfer, at no cost. They also had 28 days to make a submission to FMA about the proposed transfer. FMA received one submission from a member of a scheme under 9BAB(3)(b). With respect to Complying Superannuation Fund (CSF) status, as at 30 June 2012, there were 27 schemes (28 at 30 June 2011) that had attained this status. Of these 17 schemes were standalone employer schemes, the other ten were multi-employer schemes. Ten employers (13 at 30 June 2011) of multi-employer schemes had received relevant participating employer complying fund status. The decrease in CSF employers of master trust schemes is due to one provider continuing to close CSF sub-plans. As in previous years, a number of requests were received for information with the requests classified into three key groups: Copies of superseded trust deeds and amending deeds, scheme members information booklets, actuarial reports, trustees annual reports, or specified correspondence. Requests for marketing information. Requests for statistical data. All formal requests were handled according to FMA s confidentiality obligations. Communications To assist the administration of the Act: FMA actively engages and communicates with trustees and their professional advisers to address problems as and when they arise. Guidance issued on technical superannuation matters is available from FMA. No guidance notes were issued during the year. Superannuation and KiwiSaver information is available from FMA s website, fma.govt.nz, along with the electronic KiwiSaver Scheme Register, the Complying Superannuation Fund Register and the Exempt Employer Register. 8

9 Statistics Introduction FMA has compared the latest complete 2011 data with data from the previous year, and with data from schemes in force on their balance date in 1990, (prior to the start of the current superannuation schemes regime) in order to better understand changes in superannuation schemes. Appendices 1 to 5 provide a detailed summary of this data. The majority of superannuation schemes are small Appendix 2 shows the majority of superannuation schemes are still relatively small percent of the total number of schemes have assets of less than $5 million. However, schemes with assets of more than $5.0m, account for 98.6 percent of the total assets of registered superannuation schemes. The number of schemes continues to decline The number of superannuation schemes declined from 531 in 2010 to 512 in This was a net reduction of 19 compared to four in the previous year. The corresponding reduction in the number of employer sponsored schemes with more than one member was from 220 in 2010 to 204 in This was a reduction of 16 compared to 14 in the previous year. See Appendix 3. Comparing the membership statistics for the 2010 and 2011 years for employer sponsored schemes (including NPF schemes), it is noted that net active membership decreased by 6,197 members. This was a 2.6 percent drop. In part, the reduction in the number of private sector employer sponsored schemes is likely to be the result of standalone schemes moving into multi-employer arrangements, to save on administration and compliance costs. A large proportion of the source reports had a 31 March 2011 balance date. The number of members in employer-sponsored schemes continues to reduce The table below illustrates years 2003 to 2011: The number of active members in all employer sponsored schemes 2 plus the number of active members in the Government Superannuation Fund 3. 2 See Appendix 3.1 of this report. 3 Taken from the annual reports of the Government Superannuation Fund for each relevant year. 9

10 The number of active Labour Force participants, as given in Statistics New Zealand Labour Force Employed figures for the March year. The ratio of membership of total employer sponsored schemes as a percentage of the employed workforce. During the period the ratio of those in total employer sponsored schemes as a percentage of the employed workforce fell from 13.89% in 2003 to 10.38% in Private & Government (in 000 s) Labour force (in 000 s) Year Total , % , % , % , % , % , % , % , % , % Note data is sourced from the 2011 annual reports lodged, with a high proportion having a 31 March balance date. Superannuation Savings The assets of retail superannuation schemes totalled $4.95 billion as at the 2011 year balance dates, compared to $5.38 billion for the previous year. This was a decrease of $428 million (7.96%) 4. A decrease of $1 million was noted in the previous year. Comparing the membership and contribution statistics for 2010 and 2011 years, net active membership decreased by 20,787 members. Contributions by members reduced by $92.4 million, compared to a decrease of $124.8 million in the previous year. 4 Refer Appendix 3 of this report. 10

11 Appendix 1 Registered superannuation schemes: accounts summary and membership analysis In force on scheme balance dates in Included in (b): the 12 months: to 31 Dec 1990 to 31 Dec 2011 Prior period reports Terminating schemes (a) (b) (c) (d) Number of Schemes 2, ACCOUNTS SUMMARY $m $m $m $m Opening Balance 11,044 18, Add: Contributions 908 1, Investment Accrual 578 1, Transfers In Other Income Less: Pension Payments Retirement Lump Sums Deaths/Disablements Redundancies Transfers Out Other Exits 764 1, Administration Expenses Insurance Premiums Taxation Closing Balance 11,032 19, CURRENT MEMBERS At start of year 511, , ,867 Add: New members 62,406 16, Transfers In 6,765 1, Less: Retirements 13,684 11, Deaths/Disablements 2,132 1, Transfers Out 14,171 2, Redundancies 0 1, Other Exits 42,929 27, ,405 At end of year 508, , ,951 OTHER MEMBERS with preserved benefits 3,411 1, CURRENT PENSIONERS 35,747 22, TOTAL MEMBERS AND PENSIONERS 547, , ,955 Notes: 1. The data in column (b) includes data for schemes which are presumed current but which have not forwarded their annual reports for the balance date falling in the 12 months ending 31/12/11; refer column (c). 11

12 2. The data in column (b) includes the latest data for schemes which we have been informed will terminate after the balance date falling in the 12 months ending 31/12/11; refer column (d), which may include some cases in column (c). 3. The data has been obtained from annual reports made by the trustees of superannuation schemes registered under the Superannuation Schemes Act 1989 to the members and pensioners of those schemes. Data from the Government Superannuation Fund is not included. 4. Some registered superannuation schemes are investment only schemes, whose members are trustees of other registered superannuation schemes. To avoid double counting, investment only schemes are excluded from this data. 5. Some registered superannuation schemes are multiple class schemes, whose members may be trustees of other registered superannuation schemes. Some double counting may therefore exist in this and later appendices. 6. ACCOUNTS SUMMARY The figures for investment accrual, administration expenses and taxation are understated: for many schemes the investment figure has been reported net of some expense charge and/or taxation. Beginning in November 1994, amounts transferred in or out from other superannuation schemes, and amounts paid out on redundancy, have been recorded separately from the amounts paid on resignation, to the extent that reporting by scheme trustees makes the distinction. The figure of Other Exits comprises amounts paid on resignation, and for reports filed before November 1994, amounts paid on redundancy and amounts transferred to other superannuation schemes. Similarly, the figure for Other Income includes amounts transferred in from other superannuation schemes in respect of reports filed before November MEMBERSHIP Some double counting may exist in the numbers of members and pensioners: some persons may contribute to, and draw pensions from, different schemes. Transfers In and Transfers Out refer to persons transferring membership between schemes. These figures do not seem to have been reported correctly. Other Exits includes resignation and, in respect of reports filed before November 1994, redundancy. 8. Some totals may not add exactly due to rounding. 12

13 Appendix 2 B30 Registered superannuation schemes in force on scheme balance dates in 2011: analysis according to size of scheme assets All registered schemes except investment only schemes Number of Schemes Total Assets Total Membership Assets grouping $m $m $m 1. Under $0.5m , , $0.5m to under $1m , $1m to under $5m ,742 6,439 58, $5m to under $20m ,524 20,148 22,457 63, $20m to under $50m ,190 1,162 1,312 31,750 33,937 77, $50m and over ,848 16,168 6, , , ,617 TOTAL ,863 19,053 18,467 11, , , ,353 Notes: 1. The data has been obtained from annual reports made by trustees of superannuation schemes registered under the Superannuation Schemes Act 1989 to the members and beneficiaries of those schemes. Data from the Government Superannuation Fund is not included. 2. Some registered superannuation schemes are "investment only" schemes, whose members are trustees of other registered superannuation schemes. To avoid double counting, investment only schemes are excluded from this data. 13

14 3. Some registered superannuation schemes are "multiple class" schemes, whose members may be trustees of other registered superannuation schemes. Some double counting of assets and members may therefore exist. 4. Some totals may not add exactly, due to rounding. 14

15 Appendix 3 B30 Registered superannuation schemes in force on scheme balance dates in 2011: analysis by nature of scheme All Registered Schemes Number of Schemes Total Assets Total Membership Nature of scheme $m $m $m Private Employer ,242 13,953 12,949 9, , , ,741 Retail ,949 5,377 1, , , ,062 TOTAL ,863 19,053 18,467 11, , , ,353 Investment Only Schemes ,571 4, Notes: 1. Private schemes are schemes set up by individuals for themselves and their immediate family and from 2007 include one person employer sponsored schemes. Employer schemes are schemes with more than one member sponsored by private sector employers, public sector employers and all NPF employer sponsored schemes. Retail schemes are schemes where membership is made available to the general public. Investment Only schemes (referred to as Master Schemes in previous years) are schemes whose members are trustees of other registered superannuation schemes. 15

16 2. The data has been obtained from annual reports made by the trustees of superannuation schemes registered under the Superannuation Schemes Act 1989 to the members and beneficiaries of those schemes. Data from the Government Superannuation Fund is not included. 3. Some totals may not add exactly, due to rounding. 16

17 Appendix 3.1 Registered superannuation schemes in force on scheme balance dates in 2011: analysis by nature of scheme All employer sponsored schemes and all NPF employer sponsored schemes In force on scheme balance dates in the 12 months: to 31 Dec 1990 (a) to 31 Dec 2011 (b) Prior period reports (c) Included in (b): Terminating Schemes (d) Number of schemes 2, Membership: Actives 273, , Deferred 3,032 1, Pensioners 34,644 20, Total members 310, , Accounts Summary ($millions): Opening balance 9, , Contributions , Net Investment Income Benefit Payments 1, , Closing balance 9, , Notes: 1. The data in column (b) includes data for schemes which are presumed current but which have not forwarded their annual reports for the balance date in the 12 months to 31/12/11; refer column (c). 2. The data in column (b) includes the latest data for schemes which we have been informed will terminate after the balance date in the 12 months to 31/12/11; refer column (d), which may include some cases in column (c). 3. Net Investment Income consists of investment income and realised and unrealised capital gains as recorded in the Statement of Financial Performance, less expenses (including the cost of insurance if any) and taxation. 4. Benefit Payments consists of amounts paid by way of pensions, lump sums on retirement, death, disablement, redundancy and withdrawal, and transfers to other schemes less transfers received from other schemes. 5. Some totals may not add exactly, due to rounding. 17

18 Appendix 3.2 Registered superannuation schemes in force on scheme balance dates in 2011: analysis by nature of scheme Private Schemes (schemes set up by individuals for themselves and their immediate families) In force on scheme balance dates in the 12 months: to 31 Dec 1990 to 31 Dec 2011 (a) (b) Prior period reports (c) Included in (b): Terminating Schemes (d) Number of schemes Membership: Actives Deferred Pensioners Total members Accounts Summary ($millions): Opening balance Contributions Net Investment Income Benefit Payments Closing balance Retail Schemes (schemes where membership is made available to the general public) In force on scheme balance dates in the 12 months: Included in (b): to 31 Dec 1990 (a) To 31 Dec 2011 (b) Prior period reports Terminating Schemes (d) (c) Number of schemes Membership: Actives 234, , ,230 Deferred Pensioners 1,103 1, Total members 236, , ,230 Accounts Summary ($millions): Opening balance 1, , Contributions Net Investment Income Benefit Payments , Closing balance 1, , Notes: 1. The data in column (b) includes data for schemes which are presumed current but which have not forwarded their annual reports for the balance date in the 12 months to 31/12/11; refer column (c). 2. The data in column (b) includes the latest data for schemes which we have been informed will terminate after the balance date in the 12 months to 31/12/11; refer column (d), which may include some cases in column (c). 18

19 3. Net Investment Income consists of investment income and realised and unrealised capital gains as recorded in the Statement of Financial Performance, less expenses (including the cost of insurance if any) and taxation. 4. Benefit Payments consists of amounts paid by way of pensions, lump sums on retirement, death, disablement, redundancy and withdrawal, and transfers to other schemes less transfers, received from other schemes. 5. Some totals may not add exactly, due to rounding. 19

20 Appendix 3.3 Registered superannuation schemes in force on scheme balance dates in 2011: analysis by nature of scheme All Schemes excluding investment only schemes In force on scheme balance dates in the 12 months: to 31 Dec 1990 to 31 Dec 2011 (a) (b) Prior period reports (c) Included in (b): Terminating Schemes (d) Number of schemes 2, Membership: Actives 508, , ,951 Deferred 3,411 1, Pensioners 35,747 22, Total members 547, , ,955 Accounts Summary ($millions): Opening balance 11, , Contributions , Net Investment Income Benefit Payments 1, , Closing balance 11, , Investment Only Schemes In force on scheme balance dates in the 12 months: to 31 Dec 1990 to 31 Dec 2011 (a) (b) Prior period reports (c) Included in (b): Terminating Schemes (d) Number of schemes Membership: Actives Deferred Pensioners Total members Accounts Summary ($millions): Opening balance , Contributions Net Investment Income Benefit Payments 5.5 1, , ,120.2 Closing balance , Notes: 1. The data in column (b) includes data for schemes which are presumed current but which have not forwarded their annual reports for the balance date in the 12 months to 31/12/11; refer column (c). 2. The data in column (b) includes the latest data for schemes which we have been informed will terminate after the balance date in the 12 months to 31/12/11; refer column (d), which may include some cases in column (c). 20

21 3. Net Investment Income consists of investment income and realised and unrealised capital gains as recorded in the Statement of Financial Performance, less expenses (including the cost of insurance if any) and taxation. 4. Benefit Payments consists of amounts paid by way of pensions, lump sums on retirement, death, disablement, redundancy and withdrawal, and transfers to other schemes less transfers received from other schemes. 5. Some totals may not add exactly, due to rounding. 21

22 Appendix 4 B30 Registered superannuation schemes in force on scheme balance dates in 2011: all employer sponsored schemes and all NPF employer sponsored schemes - analysis by administration manager Type of Scheme Defined Benefit Defined Contribution Total Number of Schemes Self-Managed Life Office , ,517 Consulting Actuary Other TOTAL , ,242 Total Assets ($millions) Self-Managed 833 4, ,134 4,494 Life Office ,590 1,057 2,711 1,945 Consulting Actuary 2, , , Other 650 1,470 1, ,329 2,456 TOTAL 4,536 6,691 9,417 2,817 13,953 9,508 Total Members Self-Managed 8,614 59,666 4,812 18,662 13,426 78,328 Life Office ,235 63,163 41,132 63,785 59,367 Consulting Actuary 30,570 6,561 80,479 10, ,049 17,420 Other 13,785 16,755 36, ,871 49, ,626 TOTAL 53, , , , , ,741 Notes: 1. All NPF employer sponsored schemes are included in Administration Manager category Other. 2. Some totals may not add exactly, due to rounding. 22

23 Appendix 5 Registered superannuation schemes in force on scheme balance dates in 2011: analysis according to nature of NUMBER OF SCHEMES: scheme and size of scheme assets (excluding Investment Only schemes) Assets Grouping Private Employer Retail TOTAL 1. Under $.0.5m $0.5m to under $1m $1m to under $5m $5m to under $20m $20m to under $50m $50m and over Total, all groups TOTAL ASSETS ($ millions): Assets Grouping Private Employer Retail TOTAL 1. Under $.0.5m $0.5m to under $1m $1m to under $5m $5m to under $20m $20m to under $50m , $50m and over 0 12,377 4,471 16,848 Total, all groups ,953 4,949 19,053 TOTAL MEMBERSHIP: Assets Grouping Private Employer Retail TOTAL 1. Under $.0.5m $0.5m to under $1m $1m to under $5m 28 1,846 2,868 4, $5m to under $20m 4 7,503 12,641 20, $20m to under $50m 1 19,066 12,683 31, $50m and over 0 209, , ,724 Total, all groups , , ,290 Number of schemes for which nil assets advised:

24 Notes: 1. Private schemes are schemes set up by individuals for themselves and their immediate family. 2. Employer schemes are schemes sponsored by private sector employers, public sector employers and all NPF employer sponsored schemes. 3. Retail schemes are schemes where membership is made available to the general public. 24

25 25 B30

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